1. What Is a De Facto Relationship Under Australian Law?

Under the Family Law Act 1975 (Cth), a de facto relationship is defined as a couple living together on a genuine domestic basis, who are not legally married.

To be legally recognised as de facto, you generally must:
✔ Have lived together for at least two years, OR
✔ Have a child together, OR
✔ Have financially intertwined assets and commitments, OR
✔ Be registered as a de facto couple in your state or territory.

🚨 Key Difference: Unlike marriage, there is no official legal document declaring the start or end of a de facto relationship—this can make disputes more complex.

🔹 ALA Law helps de facto couples establish their legal status and protect their rights in separation.

👉 Learn more: Family Court – De Facto Relationships: https://www.fcfcoa.gov.au/fl/fm/de-facto-relationships

2. Do De Facto Couples Have the Same Legal Rights as Married Couples?

✅ Yes, in most cases, de facto relationships are treated the same as marriages under Australian Family Law. This applies to:
– Property Settlements – De facto partners can seek property division through the Family Court, just like married couples.
– Spousal Maintenance – A de facto partner may be eligible for financial support after separation.
– Parenting Orders & Child Custody – De facto parents have the same rights and responsibilities as married parents.

🚨 However, unlike marriages, de facto relationships must be proven in court if disputed.
🔹 ALA Law helps de facto partners navigate separation, property disputes, and legal protections.

👉 Learn more: De Facto Relationships & Family Law Act: https://www.fcfcoa.gov.au/fl/pubs/defacto

3. How Is Property Divided in a De Facto Separation?

If a de facto relationship breaks down, assets are divided based on contributions and future needs—just like in a divorce.

Factors the Court Considers:
📜 Financial Contributions – Income, savings, property ownership.
📜 Non-Financial Contributions – Homemaking, childcare.
📜 Future Needs – Who has greater financial needs post-separation.

🔹 Important: You must apply for a property settlement within two years of separating, or you may lose your rights.

🔹 ALA Law helps de facto partners secure fair property settlements through negotiation or court proceedings.

👉 Learn more: Property Settlements for De Facto Couples – Family Court: https://www.fcfcoa.gov.au/fl/fp/overview

4. Do De Facto Partners Have the Same Rights as Married Couples in Parenting Disputes?

✅ Yes. De facto parents have the same legal rights and obligations as married parents regarding child custody, support, and parental responsibility.

Key Considerations:
👩‍⚖️ The best interests of the child are always the priority.
👩‍⚖️ Equal shared parental responsibility does not always mean equal time.
👩‍⚖️ Courts will consider family violence or risk factors before granting parenting orders.

🔹 ALA Law helps de facto parents secure fair parenting arrangements and protect their child’s welfare.

👉 Learn more: Parenting Orders – Family Court: https://www.fcfcoa.gov.au/fl/pubs/parenting-orders-what-you-need-know

5. Can a De Facto Partner Claim Spousal Maintenance?

✅ Yes, but it’s not automatic. A de facto partner can seek spousal maintenance if they are financially disadvantaged post-separation and their former partner can afford to support them.

Factors Considered:
💰 Income disparity between partners.
💰 Age, health, and earning capacity.
💰 Caring responsibilities for children.

🚨 Time Limit: A claim must be made within two years of separation.

🔹 ALA Law assists de facto partners in securing spousal maintenance if needed.

👉 Learn more: Spousal Maintenance – Family Court: https://www.fcfcoa.gov.au/fl/fp/spousal-maintenance

6. Why Choose ALA Law for De Facto Relationship Matters?

At ALA Law, we specialise in de facto relationship legal matters, including:
✔ Property settlements and financial disputes
✔ Spousal maintenance claims
✔ Child custody and parenting arrangements
✔ Mediation and court representation

📞 Need legal advice? Contact ALA Law today for a confidential consultation.

👉 Visit Our Website: https://www.alalaw.com.au